This section contains the nature of the case and procedural background.

Grainger (P) owned a boat under mortgage to Hill (D). The mortgage required payment in September 1837 and that P could retain the command of the vessel. D demanded early repayment. P refused, and D had him arrested until he gave up possession of the ship. P sued for abuse of process. The jury returned a verdict in P's favor. D sought a nonsuit; there was no proof of the suit commenced by D had been terminated.

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